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United Kingdom

Deputy Pensions Ombudsman: Modified Scheme must accept transfers of regular service despite different authorities; Rule 5A(2)(b)(iii) construed to remove discrimination against retained firefighters (England)

Published on: 15 October 2025

Published by a LexisNexis Pensions expert
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Article summary

Original news Mr T (CAS-76722-Z3Z9)—19 June 2025

Summary

The Deputy Pensions Ombudsman upheld a grievance concerning a retained firefighter’s right to move all pensionable service into a newer, more generous arrangement created after a court ruled retained firefighters had been discriminated against. Taking a pragmatic stance, the Deputy Pensions Ombudsman construed a rule, brought in via secondary legislation, that permits the transfer of pensionable service. That secondary instrument, which implemented the provisions, should be read, so far as achievable, to realise the legislative purpose of eliminating the discrimination faced by retained firefighters. The decision illustrates how the Pensions Ombudsman will approach statutory interpretation.

What were the facts?

Retained firefighters were initially barred from joining the principal Firefighters’ Pension Scheme 1992 (the 1992 Scheme). After a legal challenge, this exclusion was held to be discriminatory towards part‑time staff. Consequently, the New Firefighters’ Pension Scheme 2006 (the 2006 Scheme) was in due course created. Following further proceedings over a further period of time thereafter, a settlement altered the 2006 Scheme (the Modified Scheme). For affected retained firefighters, described as ‘special members’, the Modified Scheme delivered benefits broadly comparable to those available under the original 1992 Scheme. In particular, special members could transfer...

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